Troublesome Trees and Hedges

If you are adversely affected by a neighbour’s troublesome tree or hedge, you may be eligible to make a claim in Court under the Trees (Disputes Between Neighbours) Act 2006. Common causes of disputes that can lead to a claim include:

• A tree that has already caused damage to property or injury to a person or is likely to do so. This can include overhanging branches, falling leaves or root spread.
• A high hedge is severely blocking light or the view.

Resolving a tree or hedge dispute

It is preferable if any dispute can be resolved privately and amicably. This may be done orally or in writing, expressing the concerns regarding the damage or obstruction being caused.

Should such an approach prove unsuccessful despite ‘reasonable efforts’, it is important not to take matters into your own hands as penalties can be incurred and seek legal advice. At Szabo & Associates Solicitors, we can advise you on your rights and, if required, take you through step-by-step how to apply to the NSW Land and Environment Court to seek an order designed to prevent damage or injury or to remedy damage already done. The Court can make orders such as removing a tree or hedge or reducing it to a particular height.

Contact our Land and Environment Court Lawyers in Sydney, NSW

If you require support with a dispute with a neighbour over a tree or hedge, please get in touch with the experts at Szabo & Associates Solicitors on 02 9281 5088 or complete our online contact form.